Old licensing norms come back to haunt pubs, restaurants

The authorities are taking a stock of venues that need to apply for the licence

BENGALURU: The music scene at city restaurants and pubs is set to run into a decade-old licensing order after the Supreme Court in January upheld it as valid and necessary, especially in light of the recent Mumbai Kamala Mills fire.

Such venues that host music performances have to apply for yet another licence under the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order 2005 or risk being shut.

“Any kind of music and dance venues, whether they play live, recorded or DJ music, have to obtain a licence from the Commissioner of Police, Bengaluru,” said commissioner T Suneel Kumar. “Based on the safety and other conditions as per the order, if these are satisfied, then a licence will be issued. For those who don’t comply, their establishments will have to be shut.”

The authorities are taking a stock of venues that need to apply for the licence. “It will take us a month and half to come up with the accurate numbers,” Kumar said, post which notices will be issued to establishments to apply for the licence.

The Karnataka Live Band Restaurants Association had challenged the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order 2005 before the Supreme Court on grounds that it violated their right to equality and interfered with their fundamental right to practise any trade or business.

“The safety norms stated in the licensing application is very comprehensive. It is good to have a consolidated checklist that is this specific. However, moral overtones in the judgment and the assumption that live music (except when it is folk) has a higher potential for indecency or obscenity is archaic,” said Divya Balagopal, senior partner, Mundkur Law Partners. “To then link it to the need for greater safety measures and licensing control is absurd. It was not the live band at Kamala Mills that sparked the fire.”

Owners of venues that host live performances are a harried lot now.

“As venues, we have invested so much to promote performing artists but are being penalised for it,” said Ajay Gowda, managing director, Big Brewsky Brewing Company. “For an international city like Bengaluru, this is bordering towards moral policing.”

What was meant to clamp down on dance bars is now extending to music performances, which could range from rock to pop, he said.

“No business wants to harm its customers and go out of business. As venues, we are completely aligned to safety norms. Where is the risk in hosting performing artistes like musicians?,” said Ajit Muthanna, partner at a venue and restaurant in the city’s central business district. “Passing more and more laws is just counterproductive.”

MORAL OVERTONES?

The moral overtones in the judgment and the assumption that live music has a higher potential for indecency or obscenity is archaic... It was not the live band at Kamala Mills that sparked the fire

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